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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There is a Judgement against my Partners husband (rape & domestic

Resolved Question:

There is a Judgement against my Partners husband (rape & domestic abuse). Unfortunately he has custody of the children and has alienated the older 2. My Partner is seeking residence.
The court ordered CAFCASS to get involved but the report was incomplete. The court engaged NYAS. The NYAS report proposed help from the Anna Freud Centre. There was a court order outlining that as the father did not have the money, the cost would be split between the mother and the children. We were waiting for dates to start. NYAS have received a letter stating that Legal Service Commission have refused funding. What are the options to move forward with this ?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your query I will try and assist.
How old are the children?
Claire
Customer: replied 3 years ago.

The children are Boy (17), Girl (15) and Boy (13)

Expert:  Clare replied 3 years ago.
Hi
For clarity do you mean your partner is apply for contact with the younger two children?
What is your partner's funding position?
Claire
Customer: replied 3 years ago.

Girlfriend is applying for contact /residence of all the children. As her husband has alienated the older children there is a need for some" relationship healing". Which is why NYAS has recommended the family attends the Anna Freud Centre.


Girlfriend has Legal Aid

Expert:  Clare replied 3 years ago.
Hi
May I ask when the 15 year old will turn 16?
Claire
Customer: replied 3 years ago.

In October I think

Expert:  Clare replied 3 years ago.
Hi
Just for clarity your partner understand that the court will not make any residence order against the wishes of the older children (and indeed cannot do so in respect of the eldest child)?
Claire
Customer: replied 3 years ago.

My question is about funding. NYAS received letter from LSC that said that funding for Anna Freud was refused because it had not been spread across all 3 parties (girlfiend, children and husband). The court order had stipulated that as husband could not afford it (he did not get Legal Aid) the cost would be covered by girlfriend & Children's :Legal Aid.


 

Expert:  Clare replied 3 years ago.
Hi
My apologies i was just checking that your partner understood the limitations of the court's powers.
In terms of this rejection it woudl be helpful to clarify whether or not your partner's solicitor had the same problem in respect of her certificate?
Claire
Customer: replied 3 years ago.

As yet the solicitor has not informed the girlfriend.


If the Solicitor receives a refusal what are the options to move forward?


Is it -Appeal to LSC, go back to court to get new court order, find the money to cover a third of the cost ??

Expert:  Clare replied 3 years ago.
Hi
The options are limited and in fact you have identified all of them.
IF your partners Legal Aid comes through it will make it easier for the Children's Solicitor to appeal the refusal.
If not then clearly both solicitors can appeal if need be; if not the matter can go back to court.
My concern is that I do not think the court will Order her ex to pay towards the report if he was not willing to do so last time.
However if the other "third" could be raised then one option would be to get the Order made on the basis that his third will be met be someone else...
I hope this helps but if you need further clarification please do not hesitate to ask
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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